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Home My WebLink AboutRESOLUTION 1997-42 CITY OF KENAI ,RESOLUTION NO. 9?'42 Suggested by: Administration ,~ RESOLUTION OF THECOuNCIL OF THE CITY0F 'KENAI, ALASKA, APPRovING. CONTRACT TO coOl<', 'INLET CONSTRUCTION; '.iNc. (C.l.C., INC.)'-FOR 'THE* PROJECT ENTITLED 1997KENAI MUNICIPAL AIRPORT TAXlWAY "C" EXTENSION FOR THE TOTAL AMOUNTOF$1,318,597.50 WHICH iNCLUDES BASIC aIDS A'AND. B, AND'- ALTERNATES I THROUGH III. ' .... WHEREAS, the following' bids'were received on May.28, 1997: Basic Bid A Basic Bid B Alternate I Alternate II Alternate III Total Bid 1,108,437.50 46,430.00 50,630.00 81,120.50 31,980.00 1,318,697.~0 Foster Constmctl,o,.n 1,154,073.50 43,370.00 42,720.00 77, .400,00 31,200.00 1,348,763.60 Alaska Roadb, uildem 1,246,548.50 4O,3OO. OO 40,950.00 68,200.00. 27,300.00 1,423,298.60 Basic BidA BasiC.Bid B Alternate. l Alternate.ti Alternate III Total Bid Basic Bid A Basic Bid B Altemate.I Alternate II Alternate III Total Bid Qualltv AeDhalt.. Pavlnn Wllder.conatru.etl.on 1,303,801:00' 1.353,707,50 ;' 44,800.00 45,600.00' 70,200.00 27,300.00 1,491,701.00 49,600,00. 90,225.00' 39,000.00 1,682,382J0 Enclineer'l Eattmate 1,685,324.00 82,300.00 99,350.00 105,200.00 46,800.00 2,018,974.00 OoocIfello_w Brothera. 1,499,025.00 ' ' 44,925.00 .- 38,600;00 84,700.00 27,300.00 1,694,660.00 and WHEREAS, Cook Inlet Constru(=tion, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, this resolution is contingent upon FAA funding and approval, and J-1 WHEREAS, the recommendati0n' from'.:the City' Engineer, Wln~.Cortheli.Bryson'.. (project engineer), the Airport.. Manager':and.the .City: Attorney;. ts to.' award ;the.contract' NOW, THEREFORE, BE: IT"RESOLVED BY:THE:C0UNCIL. oFTHE 'CITY 'OF. KENAi,:" ALASKA, that the constructi0n'C0ntra~ f0r the.pr0ject entitled.i~?~.Kenii..Muni~=ll~l:.:' Airport Taxlway "C"-ExtinilOn.'be aw 'arded.:to.-Ceek 'Inlet con~tmctiOn,-' Inc,'for the: total amount of $1,3111,697,~0. PASSED BY:THE COUNCIL OF THE CITY OF'KENAI,:'... '. Carol L. Freas, Clerk Written by Public Works: ~ Approved by Finance: ~ J~2 CONSULT~iG P.O. BOX ~04~, IC~q~, ~ 99611 (907) 283-4672, FAX (907) 28:3-4676 C~ty o£ Ke~a~ Depart]~t of Public Works 210 F~dalqo, S~te 200 ]~D~t, A~aka 99611 Nmy 29, 1997 96.086 SUbject: 1997 ienai ]~ugci~ ~port Taxieay 'C· ~tension ~ttent~on: ~ack Lashot, City En~neer OhM ay 28, 1997 aids e ere opened for construction of the Subj~ Proj~. SLx B~da ~ere received and subsequently checked erroza. No az~tlmetic errors ~ found. One Bid, Cook :Inlet Conatm~mf~on, o~ittedt~e DBBDeclara~on£ormBH-~. Attached is a copy o£ the tabula~ Bids received for the Proj0L~. ' It J~ the ___r~--~~_~_on of the ~ng~neer that the Subject Pzoject" he mm~ded to the lo~e~t ~ddez det~lined by the C~ty to ~e you have a~y quest&o~=, plebe contact our office at ~ earliest convenience. W~-Corthell- aryson Enci: Bid~bulation i CITY OF KENAI 210 RDALGO AVE., SUITE 200 KENAI, ALASKA 99Bll.77~ TELEPHONE FAX eo74a~.~014 MEMORANDUM To: _ ,Richard A. Ross, City Manager C.-,/R. C raves, Cio' Attorney From: cc: Jack La Shot Date: June 2, 1997 RE: Bi~ for Airport Taxiway.. Extension On May 28, 1997 the Public ~orks Department opened bids on the Airport Taxiway Extension Project. The apparent Iow bidder was CIC, Inc. (CIG) with a bid of $1,318,597.50. The next low bidder was Foster Construction with a bid of $1,348,763.50. The difference in the two Iow bids is $30,166.00. (A bid tabulation sheet is attached as E~h;bit A.) ... The same day that bids were opened, Foster Construction protested the bid on the basis that CiClmi failed to include a DBE declaration form. (A copy of the protest is attached as Exhibit B.) ' CiC' disputes the protest. (See Exhibit C, letter from Dean Robinson.) According to Dean,R. Robinson of CIC, the DBE declaration form was inadvettendy left out oi: the packet. (A copy of a memorandum from Jana and Dean Robinson is attached as Exhibit D.) The DBE declaration form states that, 'Failure to complete and submit this declaration or the inclusion of a false certification shall be considered evidence that the proposal is non-responsive.' Page BBB-3 of the bidding document states: The bidder shall submit a completed Disadvantaged Business Declaration with the proposal. Proposals submitted without this form attached will be considered non-responsive. However, paragraph "q" on Page B-11 states, "At the City's discretion any informalities and irregularities may be waived.' The basis of Foster's protest is that the contract language makes the submission of the DBE declaration form mandatory and, therefore, a bid without the form is non-responsive. CIC counters that the' bid documents state that ~ informalities may be waived. Under state law, in order for a bid to be rejected there must be a material variance from the bid specifications. The Alaska Supreme Court has defined a material var;=,,ce as follows, "A variance is June 2, 1997 Page 2 of 2 .material if it gives the bidder a substantial advantage over other bidders and thereby .' competition.' Chin Ber~ Inc. v. State, Dept. of Tramp., 6g0 P.2d 93, 94 (19g4). · The court ia Chr/~ Be~ fiuther stated: resm'~-or stifles nntam me en . ~ of a bid is . ~ cy s discreuon, sublect o- ...a:_:_, . · - , , ,, jumcuu' rev~ ascertainment mat tl~ere was a ....... .,_ ,_ . . . ew, to an ~uc ma'r.a~t case we C . . .~u~y a acrdOll. ~1 , ondude ti~t even if ~e DOT/PF's rejection of C.lu, is, Berg's bid is interpreted as an exemse of such discr ' . rejection was an abuse o~-L-- 4: .... . euon. ~e the bid error m the -~~ ~e believe that . . p ~;a~u~. caae xa. US Wltt~Ll2 tht~ cat o ' _nustake and the bid actuall-. ..... ~-~ 7; eg fy, since ~e · . . . / ,-~r.~oeo ate reasonal~l asc ' the mv~t~on to bid and ,~,- ~:d :.. ,~ . . . y ertamable from .-~-m_~a~amy O ttte. . . ~a u~coverecl Gunderson z,,. Um'oem'~,v O£.~L-L_ ,-.. . _ rg, id at 94. See also 1996). -,, v,-,-,ag=, ,-ggraan~, 922 P.2d 229, 2.t5 (Alaska V~l~lvc, a Ol(l (lexeg-'t . __on law, in or~r ~:~_ , .... m~ ~ve a bider a ~b~---.-~ -~ ...... . to ~ ~~ non. ~m~t to lm~ne ho~ o~s;~- ~t. ~,~. '~"~ ~v~e over o~er bl~. ~ ' ' · .' adv~e over the o~er g:~-- ~ .... ~uon form co~d nosstbl,, rove ~'~ .. .....~._L~ c~ . - ~,~a. ,n~e ~ no ~nute that ~.g--c-- -Y~---~ ~ = ~ a ~=~,m ~?~er n~ to comply with the DBE re~remen~~=r o~ ?or t~e ?~ w~ sub~R~ ~e ~y ~ten~ adverse over ~e other bidden, a~ oy o~mg t~e totm, CIC ~d not ~fi~[~mte~a ~-~tge ~ver o~er bi~,, ~ a ~.er of ~at '-" . . ~d not.Bye . torm ~ nOt a ~n~ v~-- - , _ _ .ge law, tae o~loa of ~e D . CIC'~~y- ~ out ' ' ' ~ ~ ~ot ~e the bid non-rm . . .... BE .., .- .... taat thewave defm n,,,_, .... ~' ~'~ ox IRe ~1~ R~~M.. · For th! above r~ons, it is r~~. my opinion that the bid of CIC, ~c. should not ~ ~~ 'non. · cRG/sp .i ~.~ .. · .. j " jjj j. jij]JlJ FILE 'COPY 2:~0 FLdiXgo, .$Ui.t:a 300' Kepis:L, A3AIirA 996:L:~ 3zac/~ Disadvantaged Business Enterprise G · t ,s contrac; ,ave be-- .... .Gunzracl: will contal- ---,-': ,, wum Is 10o~ of the or/a;--, .... .. -~uu,Srlecl these ,,--, .... ... _ ,.,, uu-,= expressed In dnll.,~ ..__ ,u,.a, ~onzrac; Value. ___, m--.,~ Will 08 0IIIaCI ._ -"'" meaBuremerl _ ~ ;ommarcl on the actual,ama ! of attainment , ally useful work on this proje,~, un! of money received by the DBE for DETERMINATION OF COMPUANCE Phlse I. Bid lad Award "the bidder .hall submit a completed Disadvantaged Business Enterprise ~eclsration with the proposal. Proposals submmed without this form attached will oe considered non-responsive. in addition DBE- _ .,-,-,-umw, the' apparent Iow bidder mu~t. demon .m~ t_o bid submission rem,ir,, m: responsibility pr/or to award of this contract by: 1, Subm witN ~ n 15 days of the not/ DBI~ Utll~on Repor~ Wl~n- -~- - -'~ o. fin?ent to award, a colay of the g0i/a. - ~-- ceruttect DI3E's tO be used to meet u. '..°~U_ ~on of god than.is required tO ,,,e.~ Good Faith Efta- ,~ ..... g faith effort in the form o~ .-- -. -- the. -" ~,o~.umentation must be submitted. . ..0 c~tmmary o1' If.._th, .4:?11~1Ct Oil Il not milt. fa//ure to d fllth uam~r, al]OI1 fOr award. · Pllaaa Il- Cons~ucl:to~ Tho work Itlml and creditable dollar amounts . b'fo' -,~,,gv.i tar replaoement of the D~"" '-.-.~.v,,EaCT With that firm. or prior ' re the subcontract ,n be approved bOyEt~ea~p, ation must h.ve b,n granted' The prihl~ coritrac was awarded on the basis of sufficient "good faith effort," '$uboontract containing items for which good faith effort documentat/on was BBB.] Projeot N~rm: CITY OF. I(EIMI. 1887 g~ MUTUAL ' .... . '. " :'- ~~~ T~AY '~. '"'""' ION ' I~ojeot Numl~: The undemigned aoknowleOgea that D. BE partlOipatlOn goal. have e~tabll~hed for this omtract in the following .mouSe: 10 percent for firm~ ownecl md oontrolJed by dimadv~ntBOed ifldividU~s. Company Name: Prlnoipal'. Signature & Tide: HH-1 cIC, INC. P.O. Box 534 Soldotna, Alaska 99669 (907) 262,6340 262-4641 Fax (907) 262,711'7 Date: May 30, 1997 The Honorable John Williams Mayor, City of Kenal Oty Ha~ ZlO Fldalge, Suite Kensi, Alaska 99611 Dear Mayor Williams: i .u d ?.e to...k. :om.. ;,.d ?.rv;,,o., o, my ,'eg;,rd ,g t;~rrc;onl~.t~o~n.taxlway ex~erlslon on I~ay 28, 1997, and the formal protest thereof Ih ave admitted that one of the required documents was inadvertently left out of my bid envelope, though it was prepared and signed. I delivered it.to the office of the Publlc Works Departmont as quickly following the bid opening as t could make the trip to my office (in Sterling) and retmn.. In reading the "lnvttaUon To Bid", we find the following: 'Bldders on this work will ... be required to comply'with Disadvantaged Business Enterprise (DBE) as required in contracts ass~ed by the United States Department of Transport~on." - This requirement is emphasized by a four page subsection, part BBB of the "Instructions To Bidders", and is .included by inference in the wording of the second paragraph of the "Instructions To Bidders", on page B-2, which states: 'The Corm-act Document as a whole will be the legal agreement between the Oty and the Contractor." My point is that In signing my bid, affixing my corporate seal and providing a Bid Bond, I have gua~z)~;~ to the Clty that I have examined the site, apprised myself of ~11 the requirements of laws, ordinances, regulations, etc, read and familiarized myself with aU of the Contrac~ l)ocumem3 and agreed to be bound by ~L[ the provisions' end requirements therein, ioldlgll0g,.U~ DBI~ reouimment~ When viewed ir chis manner, it Is arguable that the DBE Declaration is intended as, i~~ relnforcemen~ or amplification of a standing requirement found elsewhere in the Documents, which would retain equal Importance ~ the added verblag~ The Honorable John Williams Mayor, City of Kenai May zg, 1997 Page Z .,The prote~, made by Foster Construction places great emphasis on the use of so Called, words "':" _L_.. __4 ___ _ ~prms? portance of the omitted document. BUt the ' =~u., aJ]aU mo must are useo ~ ARTICLE 1 mo e so in one section than another, nor in reference to one t · . . opic mom than another. Therefore.. the language in the bidding documents, page B-11, o. "Ownino of Bid construed to apply to any and all parts of the bid whe~ ~t st~: "~...e .City may consider Informal al~ bid not prepared and submi~ed ~ ~yPbem~w b~v~reof. At the City's dlsc~etion al:IX infom~alitles in accordance and Irregular- Is this a case whom any doesn't necessan~, mean a~-? I d--" ~--" ....... - .... ara --# .,j, u. · umuvu 50. ! believe Ule p graph (above) was included in the Contract Documents to allow the Ow,~ resolve relatively minor discrepancies, such as this at its d~-----'-- "--':::; ..... , ,=u=uun.. ur pemapa even rrna .Jm/ on ,~-c[ ownersrup ano contrm or any contractor" the Peninsula, with no need to rent, buy or lease extTa ecwbmen'c who h~ ~fnm, M ?~_p?.vtous...City_con~._.cts_a~ has en, joy.ed, a ~end~ly and m' ~ual---iY-'beneflcla"-'l re'-'l~Jonsh""ll~ u u. upw, ng._J~ TOm wnK:n, amoe from language to the contrary ( rain mitlant,,, Ii . _..he ......... = .... ,.......,. ,. rue more than duplication of a auarantv a .=.. k_ .~_ o,d~_- I don't believe that justice would be best served by Ignoring these points, e~ecially in light of ·, ~y~[ a[ ~ mean~ ~o rewaro the ~ fru use of ' .... "-- · gal the public s money, occasmn tt means waiving irregularities. What other reason for the waiver power? Yours very truly, Dean R. Robinson President DRR/drr